OAR 690-090-0020: Application Procedure

(1) It is recommended that potential applicants contact the director for a pre-application conference prior to submitting an application. The director or delegated staff may advise applicants whether the project appears to comply with these rules, whether funds are available and which costs may be eligible. No advice, opinion or statements of any nature rendered pursuant to this subsection shall constitute a loan approval or any other form of representation or binding commitment. (2) The application shall be made on forms and in a manner set by the director. Application forms shall be completed and filed with the director in order to be considered eligible for funds from the Water Development Loan Fund. (3) The level of detail of the information provided in the application shall be commensurate with the size and scope of the project. The director may reject incomplete applications. All applications for water development projects shall: (a) Describe the nature, purpose and location of the proposed water development project. The location shall be described in reference to the public land survey. (b) State the amount and term of loan requested. (c) Include a statement describing the need for the project. (d) Include a statement describing the reason why the project would be in the public interest. (e) Include information the applicant has that describes the effect, if any, of the proposed project on fish and wildlife, including endangered, threatened or sensitive species; water quality; water use conservation or efficiency; economic development; public uses of the affected surface waters, including recreation; and any other anticipated environmental impact. (f) Provide the legal description of the real property to be used as security for the loan. (g) Include a feasibility study for the construction, operation, and maintenance of the proposed water development project; cost estimates and material specifications; and construction schedule for completion of the project. (h) State whether any moneys other than those in the Water Development Loan Fund are proposed to be used for the construction of the proposed water development project and whether any other moneys are available or have been sought for the construction. (i) Show that the applicant holds or can acquire all real property and interests therein and water rights necessary for the construction, operation and maintenance of the proposed water development project. (j) Include land use information as outlined in the department’s Land Use Planning Procedures Guide. (k) Provide a fiscal impact statement as to any impact that the proposed project may have on small businesses, including Oregon family farm units. (l) Contain information demonstrating that the applicant is a qualified, creditworthy and responsible water developer who is willing and able to enter into a contract for loan repayment and who has financial resources adequate to operate and maintain the project including, but not limited to, an itemization of assets and liabilities and credit references. (m) Include written consent from the applicant and guarantors allowing the department to complete a full credit investigation, including a credit report. (n) Include evidence of sufficient income to meet loan repayment. This evidence may include, but is not limited to, the prior three years tax returns, audited financial statements, cash flow projections, current year budget information or other evidence deemed satisfactory by the director. The director may require such financial information dating back further than three years if, in the director’s judgment, it is deemed necessary. (o) Include a narrative description of the applicant’s management personnel, board or council members and any contracted personnel. This information should include the names, titles, experience, specialized training and expertise of personnel that will be responsible for decision making, general management responsibilities, technical responsibilities, and internal operations including fiscal and accounting responsibilities. (p) Include a brief history of the applicant’s business or operation, including the number of years in operation, population or customers served, economic trends and significant operational or management changes made in the last three years. (q) Except for an individual or sole proprietorship, include evidence satisfactory to the director of legal authority to borrow and enter into a loan contract with the department. (4) The director may require specific additional information be included with the application forms to determine that: (a) The applicant is qualified to operate and maintain the project; (b) The applicant has a history of responsible credit management; (c) The applicant is willing and able to enter into a contract with the director for repayment of the loan; and (d) The applicant’s project is economically feasible in that income from the enterprise will support the loan payments. (5) An application for irrigation or drainage projects shall also: (a) State whether any purposes other than irrigation or drainage will be served by the proposed project and the nature of other such purposes; (b) Include an evaluation of the agricultural potential of the land from any competent public agency; (c) Contain an estimate of the total acreage to be served by the proposed project; and (d) Include a statement from the applicant that the proposed project is, or will be built and operated in compliance with all state and federal, as applicable, laws and permitting requirements. (6) An application for community water supply projects shall also: (a) State whether any purposes other than supplying water for community use will be served by the proposed project and the nature of other such purposes; (b) Include a schedule of the annual net revenues available to meet the debt servicing requirements of the loan; and (c) Include a statement from the applicant that the proposed water project is, or will be, in compliance with all state and federal, as applicable, laws and permitting requirements, in addition to federal community water standards. (7) An application for fish protection projects shall also: (a) Include an assessment and a recommendation from the Oregon Department of Fish and Wildlife on the proposed project; and (b) Include a statement from the applicant that the proposed project is, or will be built and operated, in compliance with all state and federal, as applicable, laws and permitting requirements. (8) An application for a watershed enhancement project shall also: (a) Include a recommendation from the Governor’s Watershed Enhancement Board for the project; (b) State whether any purposes other than watershed enhancement will be served by the proposed project and the nature of other such purposes; and (c) Include a statement from the applicant that the proposed project is, or will be built and operated, in compliance with all state and federal, as applicable, laws and permitting requirements. (9) All applications for water development projects shall include fees as set forth in OAR 690-090-0036. (10) All applications for water development projects shall include an assessment and a recommendation from the Oregon Department of Fish and Wildlife on the proposed project.